Current through Register No. 52, December 26, 2024
(a) For all
applicants for employment, the licensee shall:
(1) Obtain and review a criminal records
check from the New Hampshire department of safety; and
(2) Review the results of the criminal
records check in accordance with (b) below and verify the qualifications of all
applicants prior to employment.
(b) Unless a waiver is granted in accordance
with (c) below, the licensee shall not offer employment for any position if the
individual:
(1) Has been convicted of a
felony in this or any other state;
(2) Has been convicted of a sexual assault,
other violent crime, assault, fraud, abuse, theft, neglect, or
exploitation;
(3) Has been found by
the department or any administrative agency in this or any other state to have
committed assault, fraud, abuse, neglect, or exploitation of any person;
or
(4) Otherwise poses a threat to
the health, safety, or well-being of clients.
(c) The department shall grant a waiver of
(b) above if, after reviewing the underlying circumstances, it determines that
the person does not pose a threat to the health, safety, or well-being of
clients.
(d) No employee shall be
permitted to maintain their employment if he or she has been convicted of a
felony, sexual assault, other violent crime, assault, fraud, abuse, neglect, or
exploitation of any person in this or any other state by a court of law or has
had a complaint investigation for abuse, neglect, or exploitation adjudicated
and founded by the department unless a waiver has been granted by the
department.
(e) The licensee shall
check, prior to hiring, the names of all prospective employees against the
department's bureau of elderly and adult services (BEAS) state registry
maintained pursuant to
RSA
161-F:49 and He-W 720.
(f) The licensee shall not make a final offer
of employment to any prospective employee listed on the BEAS state registry
unless a waiver is granted by the bureau of elderly and adult
services.
(g) The licensee shall
develop a job description for each position in the collection station
containing:
(1) Duties of the
position;
(2) Physical requirements
of the position; and
(3) Education
requirements of the position.
(h) The licensee shall hire an administrator
who has a minimum of 2 years administrative experience in a health care
facility, who has phlebotomy experience, and meets one of the following
criteria:
(1) Is a licensed New Hampshire:
b. Physician's assistant;
c. Advanced practice registered
nurse;
g. Respiratory therapist; or
(2) Is a medical technologist certified by a
nationally recognized certification board, such as the American Society of
Clinical Pathology;
(3) Is an
emergency medical technician (EMT) registered by the National Registry of
Emergency Medical Technicians; or
(4) Has a minimum of an associate's degree in
a life science.
(i) All
personnel shall:
(1) Meet the requirements of
the position as listed in the job description described in (g) above;
(2) Be licensed, registered, or certified if
required by state statute;
(3)
Receive an orientation within the first 7 days of work that includes:
a. The collection station's policies on
patient's rights and responsibilities and complaint procedures as required by
RSA
151:20;
b. The duties and responsibilities of the
position;
c. The collection
station's policies, procedures, and guidelines;
d. The collection station's infection control
program;
e. The collection
station's fire and emergency plans; and
f. The mandatory reporting requirements
including RSA
161-F:46 and
RSA
169-C:29;
(4) Submit results of a physical examination
or health screening conducted not more than 12 months prior to employment,
including at a minimum the following:
a. The
name of the examinee;
b. The date
of the examination;
c. Whether or
not the examinee has a contagious illness or any other illness which would
affect the examinee's ability to perform their job duties;
d. Results of a 2-step tuberculosis (TB)
test, Mantoux method or other method approved by the Centers for Disease
Control (CDC);
e. Medications
currently prescribed for the examinee which might affect the examinee's ability
to perform their job duties;
f.
Evidence of current alcohol or drug abuse by the examinee, which might affect
the examinee's ability to perform their job duties;
g. Impairment of vision or hearing which
might affect the examinee's ability to perform their job duties;
h. Evidence of current mental illness or
emotional disorder which affect the examinee's ability to perform their job
duties; and
i. The dated signature
of the licensed health practitioner; and
(5) Comply with the requirements of the
Centers for Disease Control and Prevention "Guidelines for Preventing the
Transmission of
M. tuberculosisin Health-Care Settings" (2005
edition), available as noted in Appendix A, if the person has had direct
contact or potential for occupational exposure to M. tuberculosis through
shared air space with persons with infectious TB or has a positive TB
test.
(j) All personnel
shall complete annual in-service education in the collection station's:
(1) Policies and procedures on patient's
rights and responsibilities;
(2)
Infection control program;
(3) Fire
and emergency procedures; and
(4)
The mandatory reporting requirements including
RSA
161-F:46 and
RSA
169-C:29.
(k) The personnel of the collection station
shall consist of phlebotomists or other personnel who are instructed in the
collection of specimens from the human body.
(l) The instruction required in (k) above,
shall be accomplished by:
(1) A formal
education program; or
(m) All
licensees using the service of independent clinical contractors shall:
(1) Provide the clinical contractors with an
orientation as specified in (i) (3) above;
(2) Maintain a copy of a physical examination
or health screen and TB testing, mantoux method, that was conducted no more
than 12 months prior to employment for each clinical contractor;
(3) Maintain a copy of the clinical
contractors' licenses as required by (i) (2) above, if applicable;
and
(4) Have a written agreement
with each clinical contractor that describes the services that will be provided
and agreement to comply with (1) through (3) above.
(n) Current and complete personnel files
shall be maintained at the licensed premises for all personnel except as
allowed by (r) below.
(o) The
personnel file required by (n) above, shall include:
(1) A completed application for employment or
a resume;
(2) Qualifications and
work experience;
(3) A signed
statement acknowledging the receipt of the licensee's policy setting forth the
clients rights and responsibilities and acknowledging training and
implementation of the policy as required by
RSA
151:20;
(4) A copy of the results of the criminal
record check as described in (a) above;
(5) A signed statement acknowledging
compliance with (p) below;
(6) A
job description signed by the individual that identifies the:
b. Qualifications and experience;
and
c. Duties required by the
position;
(7) Record of
satisfactory completion of the orientation program required by (i) (3)
above;
(8) A copy of each current
New Hampshire license, registration, or certification in health care field, if
applicable;
(9) Documentation that
the required physical examination or health screening, and TB test results or
radiology reports of chest x-rays, if required, have been completed by the
appropriate health professionals;
(10) Documentation of annual in-service
education as required by (j) above; and
(11) The statement(s) required by (p)
below.
(p) Unless a
waiver has been granted in accordance with (c) above, all personnel shall sign
a statement at the time the initial offer of employment is made and then
annually thereafter stating that they:
(1) Do
not have a felony conviction in this or any other state;
(2) Have not been convicted of a sexual
assault, other violent crime, assault, fraud, abuse, neglect or exploitation or
pose a threat to the health, safety or well-being of a client; and
(3) Have not had a finding by the department
or any administrative agency in this or any other state for assault, fraud,
abuse, neglect or exploitation of any person.
(q) Personnel records shall be:
(1) Maintained on an individual basis,
separate and distinct from other employees and contain only information
relating to the specific personnel member; and
(2) Stored in locked containers or cabinets
or in a locked room on the premises.
(r) Personnel records may be stored in a
central location provided that:
(1) The
personnel record is available to the department at the licensed premises within
30 minutes of being requested; and
(2) The records are maintained in accordance
with (o) above.
#5775, eff 1-24-94, EXPIRED: 1-24-00
New. #8410 eff 8-19-05; ss by
#8853, eff 3-24-07
